DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of group I, claims 1-5, in the reply filed on 5/14/2026 is acknowledged. The traversal is on the ground(s) that: “Moreover, it is respectfully submitted that the subject matter of each of the groups is sufficiently related that a thorough search for the subject matter of each of the designated groups would encompass a search for the subject matter of the other group. Thus, it is respectfully submitted that the search and examination of the entire application could be made without serious burden.”
This is not found persuasive because applicant has amended claims 6-11 to read on the elected group I; thus, the restriction requirement is no longer applicable, hence, applicant’s argument is mooted. All claims 1-20 read on the original group I, thus, will be examined herein.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
For claim 7, the limitation of “the Internet” lacks prior antecedent basis.
Examiner’s note
Note, although the examiner recites certain excerpts from the prior art, MPEP 2141.02 VI states “Prior art must be considered in its entirety, including disclosures that teach away from the claims”. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5,15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kiyoung et al. (KR 20210011725 A as cited on form PTO-1449).
For claim 1, Kiyoung et al. disclose a plant cultivator cultivating system, comprising: at least one plant cultivator (10), comprising:
a cultivation port (90);
a main body (50 or 52 or the cabinet 10) in which the cultivation port is detachably disposed;
a sensor (183,186) configured to recognize identifier information on the cultivation port and to detect attachment and detachment of the cultivation pot to and from the main body;
a communication unit (can be ref. 18 or 70) configured to transmit and receive the identifier information; and
a processor (processor of the control unit 18) electrically connected to the communication unit and the sensor; and
a mobile terminal device (3), wherein the processor of the at least one plant cultivator is configured to:
when the cultivation port is coupled to the main body, obtain the identifier information on the cultivation port through the sensor (translation states: “Accordingly, when the specific sensing unit 186 detects, the location information on which the pod 90 is seated may be transmitted to the controller 18”; noting that this is one example excerpt, applicant is encourage to review the translation as a whole, for there are numerous excerpts that discuss the processor’s functionality); and
transmit the obtained identifier information and coupling notification information on the cultivation port to the mobile terminal device (figs. 19,23,24,31 show the transmittal of the information between devices).
For claim 2, Kiyoung et al. disclose the plant cultivating system of claim 1, and further disclose wherein the processor of the at least one plant cultivator is further configured to: before obtaining the identifier information on the cultivation port, detect coupling of the cultivation port to the main body using the sensor (translation states: “The recognition operation of the pod 90 and the operation of seating the pod 90 may be performed independently. That is, after recognizing the pod 90 first, the door 20 may be opened, and the pod 90 may be seated at a position desired by the user of the bed 50. By separating the recognition and mounting of the pod 90 as described above, a more accurate recognition of the pod can be ensured, and the configuration of the plant cultivation apparatus 1 that the pod 90 can recognize can be simplified.”; also, “That is, when a new signal from the detection unit 186 is input while the recognition information of the new pod 90 is not input by the recognition unit 183, the pod 90, which has already been recognized and detected, is cultivated. It is determined that the location has changed.”; also, “On the other hand, when the detection unit 186 detects the position change of the pod 90 and immediately before the recognition unit 183 recognizes the pod 90, the control unit 18 It may be determined that the position of the pod 90 is changed after 90) is newly introduced.”; also, fig. 17 shows that ref. 183 and ref. 186 are independent of each other, thus, the process can be configured to detect coupling before obtaining information; also, the translation states that the processor can simultaneously recognized and positioned of the pod 90, “The recognition unit 183 allows the type and position of the pod 90 to be simultaneously recognized, and a number corresponding to the number of the pods 90 that can be seated on the bed 50 may be provided.”).
For claim 3, Kiyoung et al. disclose the plant cultivating system of claim 1, and further disclose wherein the at least one plant cultivator further comprises: a memory configured to store the identifier information on the cultivation port, wherein the processor of the at least one plant cultivator is further configured to: store the obtained identifier information in the memory (implied in the controller 18 to save the information so as to determine the type and position of each pod 90 and for transmitting to other devices).
For claim 4, Kiyoung et al. disclose the plant cultivating system of claim 3, and further disclose wherein the processor of the at least one plant cultivator is further configured to: detect separation of the cultivation port from the main body using the sensor; and when separation of the cultivation port from the main body part is detected, transmit the identifier information and separation notification information on the separated cultivation port to the mobile terminal device (translation states: “For example, the sensing unit 186 may be configured as an illuminance sensor. The illuminance sensor may detect a change in illuminance generated when the pod 90 is input, and determine the input or removal of the pod 90.”; also, “As another example, the sensing unit 186 may use a proximity sensor that detects the presence or absence of the pod 90 by using a distance difference between the seating unit 511 and the pod 90, and the pod 90 A contact sensor or switch for detecting the presence or absence of the pod 90 by direct contact with) may be used.”; also, “When the user places the pod 90 on the bed 50 but the pod 90 is not recognized, the controller 18 may display a recognition error of the pod 90. When the pod 90 is not accurately positioned on the seating portion 511, or when an unrecognizable pod 90 is disposed on the seating portion 511, or when the recognition of the pod 90 is impaired, the control unit 18 determines that there is an error in recognition of the pod 90. In addition, a recognition error of the pod 90 may be displayed through the display assembly 70. Of course, when a buzzer or speaker is provided, the buzzer or speaker may output the recognition error of the pod 90 as a voice to notify the user.”).
For claim 5, Kiyoung et al. disclose the plant cultivating system of claim 4, and further disclose wherein the processor of the at least one plant cultivator is further configured to: after detecting the separation of the cultivation port, obtain the identifier information on the separated cultivation port from the memory (translation states: “For example, the sensing unit 186 may be configured as an illuminance sensor. The illuminance sensor may detect a change in illuminance generated when the pod 90 is input, and determine the input or removal of the pod 90.”; also, “As another example, the sensing unit 186 may use a proximity sensor that detects the presence or absence of the pod 90 by using a distance difference between the seating unit 511 and the pod 90, and the pod 90 A contact sensor or switch for detecting the presence or absence of the pod 90 by direct contact with) may be used.”; also, “When the user places the pod 90 on the bed 50 but the pod 90 is not recognized, the controller 18 may display a recognition error of the pod 90. When the pod 90 is not accurately positioned on the seating portion 511, or when an unrecognizable pod 90 is disposed on the seating portion 511, or when the recognition of the pod 90 is impaired, the control unit 18 determines that there is an error in recognition of the pod 90. In addition, a recognition error of the pod 90 may be displayed through the display assembly 70. Of course, when a buzzer or speaker is provided, the buzzer or speaker may output the recognition error of the pod 90 as a voice to notify the user.”).
For claim 15, Kiyoung et al. disclose the plant cultivating system of claim 1, and further disclose wherein the mobile terminal comprises an application through which a user controls the at least one plant cultivator (fig. 27).
For claim 16, Kiyoung et al. disclose the plant cultivating system of claim 1, and further disclose wherein the communication unit of the at least one plant cultivator is configured to transmit and receive the identifier information wirelessly (translation states: “The plant cultivation apparatus 1, the server 2, and the user equipment 3 may be connected to a network by wireless communication. For example, the wireless communication may be any one of various methods such as Wi-Fi, Zigbee, NFC, and Bluetooth.”).
For claim 17, Kiyoung et al. disclose the plant cultivating system of claim 1, and further disclose wherein the mobile terminal device is configured to exchange cultivation information between the at least one plant cultivator and a server (translation states: “Through such a network setting, the plant cultivation apparatus 1 may be connected to the user device 3 and the server 2 at a remote location. Accordingly, the plant cultivation apparatus 1, the user device 3, and the server 2 may be directly/indirectly connected to each other to enable information transmission.”).
For claim 18, Kiyoung et al. disclose the plant cultivating system of claim 1, and further disclose wherein the mobile terminal device is configured to display cultivation information received from the at least one plant cultivator and a server (fig. 27).
For claim 19, Kiyoung et al. disclose the plant cultivating system of claim 1, and further disclose wherein the mobile terminal device is configured to control operation of the at least one plant cultivator (translation states: “The plant cultivation apparatus 1 may set and change control the operating conditions of the plant cultivation apparatus 1 through communication with the user equipment 3 carried by the user or the server 2 in a remote location. In addition, the plant cultivation apparatus 1 may exchange cultivation information or driving information of the plant cultivation apparatus with the user device 3 and the server 2. The user device 3 may be, for example, a mobile phone or a tablet PC capable of displaying a screen and allowing a user to manipulate an input.”).
For claim 20, Kiyoung et al. disclose the plant cultivating system of claim 19, and further disclose wherein the mobile terminal device comprises a screen through which a user controls operation of the at least one plant cultivator (translation states: “The user device 3 may be, for example, a mobile phone or a tablet PC capable of displaying a screen and allowing a user to manipulate an input.”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kiyoung et al. (as above).
For claim 6, Kiyoung et al. teach the plant cultivating system of claim 1, but are silent about wherein the at least one plant cultivator comprises a first plant cultivator and a second plant cultivator, each having the cultivation port, the main body, the sensor, and the communication unit, and further comprising a server in communication with the at least one plant cultivator and the mobile terminal device, wherein the server comprises: a communication unit configured to transmit and receive information to and from the first plant cultivator, the mobile terminal device; a memory configured to store the transmitted and received information; and a processor electrically connected to the communication unit and the memory, wherein the processor of the server is configured to: receive information on the cultivation port coupled to the first plant cultivator from the mobile terminal device or the first plant cultivator through the communication unit of the server; and receive information on the cultivation port separated from the first plant cultivator and then coupled to the second plant cultivator from the mobile terminal device or the second plant cultivator through the communication unit of the server.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of plant cultivators with the features as claimed in the above in the system of Kiyoung et al., depending on the mass production the user wishes to grow the plant, since it is has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Noting that all the parts to the system are tied or in communication to each other, thus, upon having a plurality of the cultivators, sensors, communication units, servers, mobile terminal devices, processors, etc., these parts will share information to each other as to the position and identification of the cultivators. Thus, the processor of Kiyoung et al. will be electrically connected to the communication unit and the memory, wherein the processor of the server is configured to: receive information on-a the cultivation port coupled to the first plant cultivator from the mobile terminal device or the first plant cultivator through the communication unit of the server; and receive information on-a the cultivation port separated from the first plant cultivator and then coupled to the second plant cultivator from the mobile terminal device or the second plant cultivator through the communication unit of the server. Translation states: “Accordingly, the information of the pod 90 recognized by the recognition unit 183 may be transmitted to the server 2, and the server 2 stores information related to the pod 90 and It would also be possible to pass the information to the user device 3.”; also, “The operating conditions may be calculated by the control unit 18 of the plant cultivation apparatus 1 and may be updated through information transmitted through the server 2 and the user device 3. And, if necessary, the operating conditions may be calculated from the user device 3 or the server, and transmitted to the plant cultivation device 1 so that the plant cultivation device 1 can be operated according to the transmitted operating conditions.”.
For claim 7, Kiyoung et al. teach the plant cultivating system of claim 6, and further teach wherein the processor of the server is further configured to: after the receiving of the information on the cultivation port from the mobile terminal device or the first plant cultivator, store the received information on the cultivation port in the memory of the server (translation states: “That is, the operation of the plant cultivation device 1 can be controlled according to the information of the pod 90 recognized by the recognition unit 183, and the information is transmitted to the user device 3 or the server 2 The operation of the plant cultivation device 1 or related usage information may be provided.”; also, “In addition, the plant cultivation apparatus 1 may exchange cultivation
information or driving information of the plant cultivation apparatus with the user device 3 and the server 2.”; also, “Accordingly, the plant cultivation apparatus 1, the user device 3, and the server 2 may be directly/indirectly connected to each other to enable information transmission.”; also, “Accordingly, the information of the pod 90 recognized by the recognition unit 183 may be transmitted to the server 2, and the server 2 stores information related to the pod 90 and It would also be possible to pass the information to the user device 3.”); based on the information on the cultivation port, obtain cultivation information on plants cultivated in the cultivation port through the memory of the server or the Internet; and transmit the obtained cultivation information on the plant cultivation to the mobile terminal device or the first plant cultivator through the communication unit of the server (as stated in the translation excerpt above).
For claim 8, Kiyoung et al. teach the server plant cultivating system of claim 7, and further teach wherein the information on the cultivation port includes at least one of name, type, model name, or identifier of the cultivation port of the first plant cultivator (translation states: “The pod 90 may directly select a type of plant desired by the user, or a suitable plant type may be suggested through the cultivation information provided by the plant cultivation device 1 and selected by the user. The cultivation information may include information for cultivating plants using the corresponding plant cultivation apparatus 1, such as an environment for cultivation, such as a type of plant, an amount of sunlight and amount of sunlight, and an amount of water supply.”; also, “Accordingly, the type of the pod 90 can be identified by checking the image of the pod 90 through the recognition unit 183, and at the same time, the pod 90 can be identified by using a unique ID of the recognition unit 183.”).
For claim 9, Kiyoung et al. teach the plant cultivating system of claim 7, and further teach wherein the cultivation information includes at least one of name, type, cultivation period, cultivation history of the plant cultivated in the cultivation port, or information related to the cultivation of the plant (as stated in the translation excerpts above claim 8).
For claim 10, Kiyoung et al. teach the plant cultivating system of claim 9, wherein the cultivation information further comprises: connection links to images or videos about management of plants cultivated in the cultivation port (translation states: “The recognition unit 183 is capable of photographing the upper surface of the pod 90. The type of the pod 90 may be identified through the image captured by the recognition unit 183.”; also, “Accordingly, the type of the pod 90 can be identified by checking the image of the pod 90 through the recognition unit 183, and at the same time, the pod 90 can be identified by using a unique ID of the recognition unit 183.”; also, “The recognition unit 183 is capable of photographing the upper surface of the pod 90. The type of the pod 90 may be identified through the image captured by the recognition unit 183.”).
For claim 11, Kiyoung et al. teach the plant cultivating system of claim 7, and further teach wherein the processor of the server is further configured to: after receiving the information on the cultivation port from the mobile terminal device or the second plant cultivator, call the information on the cultivation port from the memory; and based on the information on the called cultivation port, transmit the cultivation information to the mobile terminal device or the second plant cultivator (translation states: “That is, the operation of the plant cultivation device 1 can be controlled according to the information of the pod 90 recognized by the recognition unit 183, and the information is transmitted to the user device 3 or the server 2 The operation of the plant cultivation device 1 or related usage information may be provided.”; also, “The plant cultivation apparatus 1 may set and change control the operating conditions of the plant cultivation apparatus 1 through communication with the user equipment 3 carried by the user or the server 2 in a remote location. In addition, the plant cultivation apparatus 1 may exchange cultivation information or driving information of the plant cultivation apparatus with the user device 3 and the server 2. The user device 3 may be, for example, a mobile phone or a tablet PC capable of displaying a screen and allowing a user to manipulate an input.”; also, “Through such a network setting, the plant cultivation apparatus 1 may be connected to the user device 3 and the server 2 at a remote location. Accordingly, the plant cultivation apparatus 1, the user device 3, and the server 2 may be directly/indirectly connected to each other to enable information transmission. The plant cultivation apparatus 1, the server 2, and the user equipment 3 may be connected to a network by wireless communication. For example, the wireless communication may be any one of various methods such as Wi-Fi, Zigbee, NFC, and Bluetooth.”; also, “At this time, the plant cultivation device 1 and the user device 3 may be connected to the server 2. Accordingly, the information of the pod 90 recognized by the recognition unit 183 may be transmitted to the server 2, and the server 2 stores information related to the pod 90 and It would also be possible to pass the information to the user device 3.”; also, “The operating conditions may be calculated by the control unit 18 of the plant cultivation apparatus 1 and may be updated through information transmitted through the server 2 and the user device 3. And, if necessary, the operating conditions may be calculated from the user device 3 or the server, and transmitted to the plant cultivation device 1 so that the plant cultivation device 1 can be operated according to the transmitted operating conditions.”).
For claim 12, Kiyoung et al. teach the plant cultivating system of claim 1, but are silent about wherein the at least one plant cultivator comprises a first plant cultivator or and a second plant cultivator, each having the cultivation port, the main body, the sensor, and the communication unit. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of plant cultivators with the features as claimed in the above in the system of Kiyoung et al., depending on the mass production the user wishes to grow the plant, since it is has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
For claim 13, Kiyoung et al. teach the plant cultivating system of claim 12, and further teach wherein the first plant cultivator comprises a closed-type plant cultivator (10) comprising a main body, a plant cultivating space, and a door that opens and closes the plant cultivating space (see figs. 1-3).
For claim 14, Kiyoung et al. teach the plant cultivating system of claim 12, and further teach wherein the second plant cultivator (the lower most ref. 50) comprises an open-type plant cultivator (ref. 50 is opened because nothing is covering the top; also, when pulled out of the cabinet, it is open; also, while ref. 50 are inside a cabinet 10, ref. 50 are still open when the user open the door and access ref. 50) comprising a main body (52), a water tank (523 or 40,49) configured to be disposed on the main body (if considering refs. 40,49 as the water tank, refs. 40,49 are disposed on the back or bottom surface of the main body 52; also, ref. 523 is a reservoir full with water, thus, can be considered as a water tank), and a medium (92 or 93; also, if considering refs. 40,49, a medium can be refs. 412,494,495,496) disposed in a water tank body of the water tank (523).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a plant cultivating system:
US 20230113737 A1 teaches plant cultivation device,
US 20230380360 A1 teaches seed package for plant cultivation apparatus and plant cultivation apparatus comprising same,
US 20190069497 A1 teaches methods and apparatus for a hybrid distributed hydroculture system,
US 20200260665 A1 teaches apparatus for cultivating plants,
US 20250031631 A1 teaches plant cultivator,
US 10552951 B2 teaches Autonomous plant growing systems,
KR 102918052 B1 teaches Seed package and plants cultivation apparatus,
CN 112400688 A teaches System and method for cultivating and distributing aquatic organisms,
KR 20210078062 A teaches plant cultivating apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Son T Nguyen/Primary Examiner, Art Unit 3643
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